31 October 2010

At an Umno Wanita community dinner function in Batu Sapi last night, RM20 was distributed to individuals who had registered their particulars with the organisers. This was video-recorded by Malaysiakini after receiving a tip-off from locals in the area that money was changing hands at a 40-table dinner function in SMK Agama Sandakan located in Taman Mawar, Batu Sapi.

Majlis Ramah Mesra, which was hosted by Wanita chief Shahrizat Abdul Jalil, was packed with BN supporters clad in party colours of blue, red and white sporting the familiar scale symbol and the Umno logo. Just before the event kicked off, however, individuals had queued up at a registration table to have their names, contact details and party affiliations recorded before getting 'redeemed' RM20 in cash.

Though the stage backdrop at the dinner stated that it was organised for members of Wanita Umno machinery, many of those in attendence were middle-aged Chinese men and women. When asked as to why those queuing were in line, those interviewed - including one 'aunty' who said she is a voter - said they wanted to “collect money”.“It is for voters. You need just to show your MyKad to prove that you are a voter in order to get the money,” said the lady.

'Remember to vote for BN'It was observed that many of those who had queued at the registration table left right after collecting the cash while those clad in BN uniforms found themselves seats at the table. Some said they were being reimbursed for their “transportation expenses”. They declined, however, to say how much they were given each. After recording his details at the table, even a Malaysiakini journalist received RM20 without being questioned or even producing his MyKad. He was informed at the registration desk that everyone was given the same amount.

“Remember to vote for BN!” said one woman who was near the registration table to the journalist.

'Don't be naughty. They're not voters'

When approached, Umno Wanita chief Shahrizat claimed that the RM20 was given as allowance for party campaigners. Shahrizat, who was accompanied by Karambunai state assemblyperson Jainab Ahmad Ayid, told Malaysiakini that she was unaware of the registration table, but later said that it was probably set up just to record the attendance of those at the function.

“I don't know about that. I think this one must be for the registration,” she said. Asked about the cash that was given away, Jainab interrupted and said curtly that the money was meant for “transportation”.

Below is a short transcript of the conversation, edited for clarity:

Shahrizat: Because these are jentera (party machinery). They are not the voters. They are from all over (the place).

Jainab: (Yes, they are) machinery... so we give them transportation (allowance).

Shahrizat: I know they from Kota Kinabalu, Kalabakan (and) all over. Tonight I (am) meeting (them), as you can see [pointing at the stage backdrop], (this function is for) the machinery. They are the ones going down (campaigning).

Shahrizat: I must make this clear (that) this is not vote-buying... You are (from) Malaysiakini? Please don't do that to us because these women they come from all over Sabah. They are the jentera. This is not... I didn't even know about that.Jainab: We are not voters. For your information, none of us are voters. We are here to work. So this is our machinery (and the money is) for transportation, that's all!

Shahrizat: Don't you naughty... if you say something like that we'll do something like that also! - Kuek Ser Kuang Keng

source:malaysiakini

Lover Boy has this to say : Hello, This are "jenetra parti" party machinery and they are paid RM20/- I do not know for what. Look at those people , the "Ah Soh" and man in singlet and shorts. I had my speaker turned high to listen to the 2 Ah Soh talking. They spoke in Hakka a common dialect there I suppose. One told the other in a muffled tone give your IC to them and you get RM20. Back ground is a guitar music played to the rune of Armor. Jainab and Sharizat, you are jentra parti that I agree, but what are you doing with the Hakka Ah Soh there? Makan malam and bermesra ka?

During a speech as broadcasted on YouTube.com, En.Johari bin Abdul Ghani, the Titiwangsa UMNO division acting chief was reported as saying that Titiwangsa UMNO does not need Chinese and Indian votes if 70 per cent of the voters are Malays. Watch the following video....

Samy Vellu has warned Umno that it cannot win at least 70 federal seats without the support of non-Malays in the next general election, contradicting the opinion of a Malay leader. The MIC president’s angry reaction came after Titiwangsa Umno’s acting chief Datuk Johari Abdul Ghani said the dominant party in Barisan Nasional (BN) did not need the support of Chines

e and Indian voters.

“How can he say the Umno does not need Chinese and Indian support. Without Chinese and Indians support BN cannot win in almost 70 constituencies,” said the former Sungai Siput MP, who had also highlighted the fact that he had won the seat in 1990 due to the support of Malay voters. The former Works Minister said Johari was insensitive, adding the Umno leader should not be a politician in the first place. “In fact, Indians votes will be crucial for BN in the next GE,” he told reporters here.

MCA President Datuk Seri Dr Chua Soi Lek had also demanded the Titiwangsa Umno leader to retire from politics. Several other Umno leaders, especially from the Federal Territory, had agreed that Johari’s comment can affect support from Chinese and Indian voters toward BN in the future.

They said this meant that BN will find it difficult to win areas where non-Malay voters make up to about 20 to 30 per cent of the electorate. They had also admitted that not all Malay voters will vote for BN or Umno as the Malay votes are now divided between Umno, PAS and PKR.

Ahead of a visit from U.S. Secretary of State Hillary Clinton next week, the Malaysian High Court has fixed November 22 to decide whether or not to allow Opposition Leader Anwar Ibrahim’s defense team access to key documents they need to defend him. These include doctors’ notes and a toxicology report based on a clinical examination of the complainant by three government doctors.

"I wouldn't be at all surprised that the Najib administration will try to keep the trial in the fridge until Mrs Clinton leaves. They wouldn't want to be embarrassed by all shenanigans taking place in our courts right in front of the top leaders from the first world. What a bad impression it will give, but once the big shots leave - I am sure Najib and team will revert to form," PKR strategic director Tian Chua told Malaysia Chronicle.

In defiance of United Nations guidelines on fair-trial conditions, Prime Minister Najib Razak had refused to allow Anwar’s lawyers access to the documents, although a Federal Court later allowed Anwar to apply for the documents as and when it became necessary during the hearing.“The apex court ruled the defense could apply documents during the course of trial (but not pre-trial)," Malaysiakini reported lead defense counsel Karpal Singh as saying.

"However, the court has wide latitude, and the defense has similar rights to do the case. Your lordship will be seen as sitting and doing nothing about it if the defence application is not allowed as truth must prevail."

The sodomy charges pressed against Anwar are well-known not just in Malaysia but all round the world with many world leaders condemning Prime Minister Najib Razak for pushing through the case despite the manifestly fabricated nature of the accusations. Anwar was accused of sodomising his former aide Saiful Bukhari Azlan at a plush condominium in Kuala Lumpur in 2008 just after he announced his intention to make his parliamentary comeback. He has denied the charges and accused Najib and his wife Rosmah Mansor of plotting a government conspiracy to derail his political career.

Najib initially denied meeting Saiful but later admitted to it, and it is telling that it was only after this meeting that Saiful lodged the police complaint that led to Anwar's prosecution. Of late, the trial has taken greater urgency with Judge Mohd Zabidin Mohd Diah accused of rushing through the case as Najib steps up his bid to put his arch political rival behind bars ahead of snap general elections widely expected to be held next year.

Reports with unfavorable information held back

Over the past few days, Karpal and his team have been cross-examining Dr Razali Ibrahim, one of the three doctors at the Hospital Kuala Lumpur who examined the complainant on June 28, 2008. Razali could not answer many of the questions as the complex physical examination was done two years ago and the medical report tendered by the prosecution did not contain full details, nor were the clinical notes taken by the doctors during the tests attached.

Razali also refused to ask for his notes as once he does so, under court rules, the defense would also be entitled to see them.

"We want to know the patient's history. It cannot just be a two-liner as stated in the final medical report. Even a kindergarten kid can tell a two-liner is not a detailed report. Hence, the court should provide us with the clinical notes for us to prove and possibly challenge the witness testimony," Karpal told the court.

Meanwhile, Dr Razali's testimony on Thursday has already caught Saiful in a lie. According to the doctor, Saiful's rectum was "empty", although Saiful had testified he did not pass motion for two days because of the sodomy.Caught lying but prosecution insists unnecessary

Nonetheless, the prosecution led by Solicitor-general II Mohd Yusof Zainal Abiden objected, insisting that the notes could only be given if Dr Razali requested to see them.

“What is important is the experts' evidence, and not the notes. The witness did not apply to see the clinical report. Furthermore, they had failed to show any material contradiction for them to act on a hunch to disprove the witness testimony. Furthermore, the defence cannot compel the prosecution to do so,” said Yusof said.

Also in contention is the chemist’s report which the prosecution had submitted to the court without attaching the all-important toxicology report which contains the detailed breakdown of the tests done.

According to Karpal, the Federal Court had ruled that if a document is to be submitted as evidence, the whole of it must be admitted. If the documents are not admitted in its entirety than the whole chemist report should be rejected, he added.

"The defence is denied access to the toxicology report, but they want to admit the chemist report. We have been denied our right. Your Honour can't just sit back and not do anything about it," he said.

The one month break is to get back to the puppet-master in Putrajaya for new doctored evidence and rehearsals.However,I am 101% certain that the defence will have their request rejected again and thats a forgone conclusion......

The Sodomy II trial of Anwar Ibrahim has been awaiting its 'Azizan moment' and appears to have had it yesterday. Azizan Abu Bakar was once a driver for Anwar's wife, Dr Wan Azizah Wan Ismail, and was a witness in the first sodomy trial in 1998-99 where he claimed in court testimony that he had been repeatedly sodomised by Anwar.

Under cross-examination by Anwar's lawyer, the late Christopher Fernando, he admitted three times while under oath that no such thing happened to him. The next day, under re-examination by a prosecution lawyer, he retracted his admission of the day before.

But in the courtroom of public opinion, the case of Sodomy I had collapsed. Though Anwar was found guilty and sentenced to nine years in prison, the trial had withered in credibility long before it eventuated in a guilty verdict.

Since then the 'Azizan moment' has come to signify the instant when from the clutter of witness testimony a shard emerges. This shard is what the judicial process is after in our criminal justice system: that in the crossfire of the adversary system, as each side presents its case, something like 'legal truth' emerges.

On the basis of this 'legal truth', the guilt or innocence of the accused is established.Hitting rock bottom?

In yesterday's proceedings of Sodomy II, Dr Mohd Razali Ibrahim, one of three doctors who had examined the accuser, Mohd Saiful Bukhari Azlan, told the court under cross-examination by lawyer Sankara Nair that he found the complainant's rectum empty.

Because Saiful had earlier testified in Sodomy II that he did not defecate for two days after he was sodomised by Anwar, the discovery by the examining doctor that his rectum was empty was startling.

Sodomy II didn't have to arrive at its 'Azizan moment' yesterday for the case to have been divested of its credibility. That credibility, steadily shorn off the case by the prosecution's refusal - upheld by the judge - to furnish the defence with the police and medical reports that are the normative requirements of due process, took another blow on Wednesday from the prosecution's refusal - again sustained by the judge - to supply the clinical notes that Dr Razali made when first examining Saiful.

The doctor needed to look at them before he could respond to defence counsel Karpal Singh's probing questions. But neither the prosecution nor the judge saw fit to refresh the doctor's memory through recourse to his clinical notes.

There were moments in this case where from the standpoint of its credibility you think that it has hit rock bottom. Think again, because there would be another moment where you hear tapping from underneath. Sodomy II is a far way from bottom.- Terence Netto

Hospital Kuala Lumpur (HKL) general surgeon Dr Mohd Razali Ibrahim told the court in the Anwar Ibrahim sodomy trial that while he was examining complainant Mohd Saiful Bukhari Azlan's anal region, he noticed the rectum region was empty. Dr Razali made the startling revelation while he was being cross-examined by defence lawyer Sankara Nair.

Saiful had earlier told the court that he did not defecate for two days after the alleged sodomy incident.

Sankara: Did you look at the rectum?

Dr Razali: Yes.

Sankara: Was it empty?

Dr Razali: Yes, the rectum was empty, but I did not put it down on my report.

Sankara had earlier asked Dr Razali whether questions were posed on Saiful's bowel habits as it would be important to know how many times a person goes to the toilet, but the witness said it was not necessary to do so.

“It depends, you may not have to ask his (medical) history and do the examination yourself. You can ask then or get it later (after the examination). It depends on the situation,” he said.

Uncertainty in Pusrawi examination

There was also confusion when Sankara asked Dr Razali whether the HKL doctors had checked if there was any instrument used during Saiful's earlier examination at the Pusrawi Hospital.Looking at a copy of the Pusrawi medical report, Dr Razali said that Saiful had complained of pain in his anus “when passing motion” but later pointed out that the words “passing motion” were crossed out.

“This is something which we heard initially (when being briefed), when Saiful's (medical) history was related.” Saiful had earlier went to Hospital Pusrawi for a medical examination a few hours before going to HKL.

When asked whether he had asked Saiful on instruments being used during the Pusrawi examination, the witness said some instruments were used.

“However, I did not ask what instrument was used,” he said, adding that he agreed with the lawyer that such questions were important and should have been posed to Saiful.

“I agree that it this is not a good practise.”

The witness also informed the court that although Saiful told the doctors a lubricant was used during the alleged sexual act, no test was performed to verify its existence.

Protoscope inserted on first attempt

During the court hearing, Dr Razali explained how Saiful was examined - the patient was asked to lay down on his left with his knees raised.

"Both knees were brought together to the chest to provide better exposure," he said.

The witness related that he took samples of Saiful's perianal area first before using a lubricant to insert the protoscope inside Saiful's anus.

“The HKL's protoscope measures 6.5cm and a lubricant was placed. I explained the procedure to Saiful and the protoscope was inserted.

“I attempted to insert the protoscope on the first attempt and he did not complain of any pain. I took samples – two from the high rectum and one from the low rectum,” he said.

When asked by Sankara whether any photographs were taken when he performed the procedure, Dr Razali said “no”, as pictures were only taken on the scars found on Saiful. He agreed with the lawyer that he was not forensically trained to do such procedures.

Injury to anus

Dr Razali also said he did not do a physical examination on Saiful's anus, although he agreed this could be done without the use of the protoscope as he was using sterile gloves all the time. He also told the court that there could be varying degrees of trauma or injury to the rectum/anal area depending on the force used.

When asked what are the common causes for pain in the anus, Dr Razali said common infection to the perianal area, disease to the anal/rectum area and possible injury to the area. The witness agreed that if there was non-consensual sex, it would also result in injury to the anus.

28 October 2010

Top defence lawyer Karpal Singh today sought to raise doubts over the medical report of complainant Mohd Saiful Bukhari Azlan, which was prepared by three Hospital Kuala Lumpur (HKL) doctors. During his cross-examination of HKL general surgeon Dr Mohd Razali Ibrahim, Karpal pointed out certain flaws in the final medical examination report prepared by the doctor and his two colleagues on July 13, 2008.

This follows the admission by Dr Razali of a mistake in the final report, where the reference number of one portion of the report was not properly entered. There were three chemist reports which was given to the HKL doctors dated July 11, 2008 - PJ FOR 6334/08-0, PJ FOR 6334/08-1 and PJ FOR 6334/08-2.

The DNA report was done by one Dr Seah (Lay Hoong, name not mentioned fully) from the Chemist Department with the last reference number being 0 and 2 respectively, while 1 was the toxicology tests.

However, on page three of the final medical report signed by all three doctors, it was stated that the results were obtained from chemist reports which end in 0 and 1 respectively. This prompted Karpal to question the anomaly, which resulted in Dr Razali conceding that it was a typographical error.

Toxicology test not submitted

Karpal also complained that the defence did not get a copy of the toxicology report, although this was attached to the chemist report. Solicitor-general II Mohd Yusof Zainal Abiden then told the court that the toxicology test on Saiful will not be submitted as evidence. This led to an exchange between Karpal and Mohd Yusof on whether the chemist reports and the toxicology test could be admissible in court following the discrepancy.

Earlier, Karpal also sought clarification on whether High Court judge Mohamad Zabidin Mohd Diah had fully understood the defence's request for the medical notes yesterday. Justice Zabidin argued that he did, although initially in his ruling, he said he would allow the preliminary medical report to be given to the defence.

"What we wanted are the clinical notes. The preliminary medical report is not an issue," said Karpal.

Following this, the judge ordered both parties to submit on the matter tomorrow. Hearing will resume at 8.30am with Malaysiakini again carrying the court proceedings live.-Hafiz Yatim

Razali also testified the anal probe he carried out on June 28, 2008 was not the first clinical check done on Saiful. Razali, now with Hospital Universiti Kebangsaan Malaysia (HUKM), admitted under Sankara’s persistent questioning that it was not easy to carry out the proctoscopy examination on Saiful, even with the use of a lubricant.

Any sudden introduction of any instrument into the anus would likely cause injury to the sensitive body part, Razali said. Saiful, a former male aide to the opposition leader, had accused Anwar of sodomising him in an upscale condominium in leafy Damansara Heights here on June 26, 2008. Then 23, he had visited Hospital Pusrawi, a private medical centre here, for a check-up after complaining of pain in his anus before being referred to HKL two days later.

A medical report from Pusrawi, leaked to the media last year, revealed the large-eyed and slender youth as claiming he had not passed motion since being sodomised. Razali — quizzed over Saiful’s bowel movements — added he did not record the fact despite agreeing with Sankara that it would be good and proper medical practice to do so. The doctor had generated a buzz in court earlier when he disclosed that there were some photographs taken of Saiful during the medical examination, right after saying there were stains on the cotton padding used to swab the youth’s rectal area for further laboratory testing. Asked if it included Saiful’s genitalia, Razali said no.

The diminutive doctor had seemed somewhat relieved after Sankara took over questioning from the defence lead, Karpal Singh — the older lawyer had subjected Razali to an intense grilling the past two occasions. But he soon learnt that Sankara was just as persistent as Karpal in digging for information, with the patience of a bodhisattva. The medical expert also testified that the anal probe he carried out on June 28, 2008 was not the first clinical check done on Saiful.

Initially, he refused to admit it was a proctoscopy, claiming he had not been told what instrument had been used to anally probe Saiful. Razali, now with Hospital Universiti Kebangsaan Malaysia (HUKM), eventually admitted to it under Sankara’s persistent questioning, adding there was a danger of contamination and cross-contamination in a second probe.

He also said it was not easy to carry out the proctoscopy examination on Saiful, even with the use of a lubricant. He related that it took him two tries to insert the proctoscope — a narrow, hollow and transparent cylindrical tube made of plastic that looks similar to a test tube — into Saiful’s rear end.

Razali said the first time he used a saline lubricant, but found he could go only a short distance inside; so he switched to a gel-based lubricant for a deeper probe. Any sudden introduction of any instrument into the anus would likely cause injury to the sphincter, a sensitive body part, the doctor said. Saiful had not complained of pain during the anal examination, Razali said.

The defence team will be arguing their case for access to the three HKL doctors’ handwritten medical notes recorded during a three-hour examination of Saiful on June 28, 2008. Sankara told reporters they also want a copy of the chemist’s report touching on Saiful’s toxicology test results, which was supposed to have been supplied from before trial began but were somehow went missing.- Debra Chong.

'Doctor, why are you so afraid to look into your own notes? You give the impression that you have a lot of things to hide by being evasive.'

Despite Karpal's urging, doc refuses to refer to notes...

Ferdtan: Everything ties up. The judge says in his ruling that the court would not allow access to the clinical notes unless the witness (ie, Dr Mohd Razali Ibrahim) is agreeable to looking at them. The doctor, who as a witness should be impartial, apparently tried his very best not to refer to his notes to frustrate the defence. Doctor, if you are speaking the truth, why are you so afraid to look into your own notes? You give the impression that you have a lot of things to hide by being evasive.

Lim Chong Leong: This must be the first time in any court of law that the court is not interested in finding out the truth. In any fair system, the judge would have ordered the witness to refer to the notes, presumably made by him, to jog his memory or at least ensure that his testimony and his contemporaneous notes are consistent, and therefore the witness is credible.

Here in Bolehland, the judge refuses admission of the notes and allows the witness to insist he cannot remember while the notes are there but all parties are forced to close their eyes to it. How can a judge refuse the defence the clinical notes in cross-examination? How can the judge and the witness both collaborate to the exclusion of the evidence by simply refusing to refer to it? This sandiwara (theatre) is becoming too obvious.

Wira: Obviously the doctor is more interested in denying Karpal's access to his notes than being accurate in his testimony because of an earlier ruling by the court in rejecting the defence's application for those notes because they are not referred to in court. It becomes apparent today that the kangaroos are again running wild.

Josephine: This is a very interesting development. It seems so unusual for the doctor to persist in not referring to his notes. Die, die, also don't want to see. It makes you wonder what is written on those pages. Anyway, the people's court can see clearly what is going on.Judge denies Anwar access to clinical notes

Disgusted: Why is the prosecution not tendering the initial medical report signed by three doctors, but the final medical report only? Was there something to hide? If Mongolian national Altantuya Shaariibuu's entry into the country could be erased from immigration records at the airport, anything could be done to a government hospital's records. This is 1Malaysia Boleh.

Mous: It is apparent who is doing what, to ensure the desired verdict. Why can't the prosecution's side be transparent and bare all the evidence that they have to nail Anwar if they are so confident of Sodomy II?

Harrisman: Deny, deny. So what is in the notes that it cannot be made public? Somebody tried to manufacture something and is worried that it may give away something? If not, it should be open to all. Equal access to all evidence - that's a fundamental principle of natural justice.

Z2X: Access to the clinical notes was not in the script given to the judge. He is so afraid the defence get their hands on it. Even a one-year-old kid can tell this whole trial is being run using Umno's script.

JBGUY: This is an absolutely ludicrous case and a bunch of highly-paid actors doing the bidding of a puppet master. Unfortunately, it is the rakyat who will be bearing the costs. Each day, the case drags, more venom and hate is being spat at the perpetrators who orchestrated the charge.Etok: Ini bermakna lapuran awal ini telah diubah oleh mereka atas arahan atasan. Mereka sengaja tidak memberikan laporan ini pada awal dengan harapan Karpal Singh akan 'overlook' dan mereka mengatur permainan ini mengikut rentak Karpal. Anwar Ibrahim, saya amat simpati dengan apa yang berlaku.Correct, Correct, Correct: What is wrong with these Umno judges? Anything that Anwar requests is denied. Why this hide-and-seek game? This is simply disgusting.

Just me: I cannot imagine what kind of trial this is. Is this a private trial or a public one run by the government ? Everything is so secretive and hush-hush. It is obvious they have something to hide. Are the prosecutors working for Mohd Saiful Bukhari Azlan or the government, or both?

Ruben: Anwar's lawyers, please ensure that you check the preliminary medical report thoroughly to see if there is any tampering of the report. It is very suspicious that the prosecution is delaying the release of this report? In Bolehland, they can do anything to erase vital evidence. So please get your experts to check it. Also, I wish you all the best and please do your best. Anwar needs to be freed from the case as soon as possible. He has been treated unjustly for too long. We need him now to concentrate on his tasks as the opposition leader.

BN: I have never supported Anwar, but come on, PM Najib Razak, let us win the next general elections like gentlemen. Anwar and Pakatan aren't so tough - we could win respectably, but not this way. This is not good for my children.

Alan Goh: What kind of a trial is this when the request by the defence lawyers for the medical notes are denied by the judge? How to defend your client? Might as well save taxpayers' time and money and mete out the sentence already.

Anonymous: This trial is no longer a joke. It sickens me to read that all requests by Anwar's lawyers are denied time and again. Where is the rule of law? What justice is this? How can one defend oneself when the judge is so biased and aligned with the prosecution? Imagine playing football where the referee is always favouring the other side. You'll have no chance at all.Anonymous2: The court decision was made long ago in Putrajaya. All these actors are there to "draw the concentric circles for the target, after the arrow has been shot. This is justice for those who oppose them.

Senior lawyer Karpal Singh raised suspicions that the denial to allow the defence to see the clinical notes of Hospital Kuala Lumpur's examination on Mohd Saiful Bukhari Azlan indicated "something is wrong".

He felt there might be an attempt to implicate the accused, de facto PKR leader Anwar Ibrahim. This follows Anwar's previous experience during the infamous 'black-eye' incident 12 years ago involving the same government hospital.

The matter came to light when Karpal applied to have access to the clinical notes as well as the July 10 preliminary medical examination report. He was refused the former but allowed the latter.

The application for the clinical notes was objected by solicitor-general II Mohd as the documents were not referred to by the prosecution during its examination-in-chief. This prompted Karpal, who is also DAP chairperson, to say: "We do not want a repeat of the black-eye incident where the doctor, Dr Abdul Rahman Yusof, was asked to do something which he did not want to.

"In that case, Dr Abdul Rahman was asked to testify that Anwar's black-eye injury was self-inflicted. Certainly, we do not want this to happen in this case.

"Anwar can bring its case against the doctor for perjury. A lot of things happen in HKL. Hence, we need the notes to show corroboration."

Yusof attacked Karpal for making a political speech and for relying on that incident as a basis to make the application to get the documents.

"He cannot rely on what had happened 10 years ago to make this application."

Karpal argued that the black-eye incident involved HKL, and now with its involvement in the current sodomy case, it indicated that something was wrong.

"This is not a political speech, but the court has to go to the bottom of the matter."

Yusof said the attorney-general was cleared of tampering in the case, but Anwar shouted from the dock: "It's the AG! (Abdul Gani Patail). That's a lie."

An independent investigation by the Malaysian Anti-Corruption Commission following Anwar's report absolved Abdul Gani and former police chief Musa Hassan from being involved in the cover-up. This was despite the investigating officer in the 'black eye' incident, former senior assistant commissioner II Mat Zain Ibrahim, having alleged that Abdul Gani and Musa were involved in it.

Rahim's assault on Anwar

At the height of the reformasi era in 1998, Anwar was sacked from his deputy prime minister's post allegedly on trumped-up sodomy and corruption charges. While in detention, he was assaulted by the then inspector-general of police Abdul Rahim Noor. But initial reports said that Anwar's injuries were self-inflicted, following the HKL doctor's report.

This resulted in Anwar accusing the then prosecutor Abdul Gani Patail, now the attorney-general, of a cover-up. Subsequently, Abdul Rahim pleaded guilty to assaulting Anwar and was jailed for two months. A royal commission of inquiry was also held.

Following the discrepancy, Anwar lodged a police report accusing Abdul Gani and former IGP Musa Hassan of their role in the cover-up.- Hafiz Yatim

27 October 2010

Despite not remembering parts of Mohd Saiful Bukhari Azlan's three-hour examination on June 28, 2008, Hospital Kuala Lumpur (HKL) general surgeon Dr Mohd Razali Ibrahim refused to look at the clinical notes taken on that day.

Normally, witnesses who cannot remember details of a particular incident are allowed by the court to refer to the notes they made on that case. However, a oddity appeared in Anwar Ibrahim's sodomy trial when the HKL doctor persistently refused to take a look at the notes made by him or the other two doctors who had examined Saiful.

Dr Razali (left) was badgered with several questions by senior lawyer Karpal Singh, who sought to entice him to refer to the clinical notes. The questions ranged from Saiful's bowel habits, the earlier examination done at Pusrawi Hospital, and also how many chemist reports were there. Despite some uncertain answers, and being urged by Karpal many times, Dr Razali refused to look at the clinical notes to help jog his memory.

Karpal had resorted this after High Court judge Mohamad Zabidin Mohd Diah had earlier rejected the defence's application to obtain the clinical notes, but allowed its application to have a copy of the preliminary examination report, which was dated July 10, 2008. Karpal had applied for two documents, namely a copy of the preliminary report - which he made on Monday - and the clinical notes which he applied for this afternoon.

Justice Zabidin in his ruling said the court would not allow access to the clinical notes unless the witness is agreeable to look at them, but allowed the defence access to the preliminary report in "the interests of justice". This had prompted Karpal to ask pointed questions in an attempt to glean information from the clinical notes, but on all occasions during the 30-minute questioning, Dr Razali repeatedly refused to refer to the report.

“We cannot force you to look but may persuade gently,” he said at times to Dr Razali. On more than one occasion, solicitor-general II Mohd Yusof Zainal Abiden had objected to Karpal's line of questioning.

Pusrawi inspection

Karpal pointed out that the full medical report which was dated July 13, 2008, only has a two-line medical history and there certainly was much more as to Saiful's medical history, during the three-hour examination. All three doctors - Dr Razali, clinical pathologist Dr Siew Sheue Feng and Dr Khairul Nizam Hassan - said they had examined Saiful for three hours beginning 9pm and ending slightly after midnight on July 29. Asked by Karpal whether he knew that Saiful was inspected earlier at the Pusrawi Hospital, Dr Razali said he knew there was an examination but did not know who or how many physicians had attended to the complainant.

Karpal: You cannnot recall the details? Surely there must be more in medical (clinical) notes than the two liner in the final examination report. Do you want to refer to your notes?

Witness: I cannot remember the details. I cannot remember them today

Karpal: To remember the details you need to refer to your notes

Yusof: (Rising to object) You must ask what are the details that you refer to?

Karpal: I am asking the details over what happened at Pusrawi Hospital. Do you need to look at your medical notes?

Witness: Can you give me a few seconds to remember (laughter in court).

Karpal: Come on, don't you want to see your notes?

Witness: Not necessary.

At this point, Karpal applied for an adjournment to tomorrow because as he put it, he “does not want to continue badgering this witness.” Dr Razali replied, “Yes, there is a lot of pressure from you!”

Following this, Justice Zabidin allow the case to be adjourned to tomorrow morning.

Although the July 10 medical report was handed to the defence, there were some questions pertaining to the report as originally they obtained an unsigned copy which was obtained from Dr Siew. However, as the court allowed the preliminary report to be given, the defence were given a copy signed by all three doctors, but Dr Razali agreed that it was not dated as the July 10 referred to was not written on the final page but on the second page.

source:malaysiakini

The judge can order the witness to refer to the notes, so as to ensure that his testimony and his contemporaneous notes are consistent.

However,the judge,apart from refusing the admissability of the notes also refuse to force the witness to refer to the notes since the witness insist that he cannot remember while the notes are in front of him.

While Karpal fails to get a copy of the clinical notes, he can indirectly get information from it, if the witness asked for it as reference when answering questions in court. However, Dr Razali refuses to refer to the clinical notes.

At first glance, the PAS candidate for Galas, Dr Zulkefli Mohamad, seems earnest and sincere, two things that could stand well in his stead as he attempts to win the hearts and minds of voters.

Meeting the media for the first time since being officially announced by the Election Commission as a candidate, the good doctor spent about 20 minutes chatting with reporters informally at the Islamic party's operations centre in Gua Musang, Kelantan, yesterday evening.

Flanked by his campaign coordinator and chief advisor, Zulkefli apologised to the media for having cancelled several interviews before nomination day.

“I was engaged in preparations and discussions prior to nomination day, and I did not have the time to meet the press,” he said.

Reporters went straight for the jugular, firing off campaign related and policy questions after several softball introductions. Despite his previous experience in running for elections, he was seemingly disconcerted by the glare of the media spotlight that was suddenly turned on him. He fell back on what appeared to be prepared lines, with his standard answer to most issues relying on the PAS-led state government solutions.

“The state government has in place plans to deal with the issue and they will roll it out in time,” said Zulkefli.

“I am the facilitator to the state government programmes, many of which started by my late predecessor Che Hashim Sulaima. My presence will make things work smoothly.”

Several times he was caught offguard and was unable to respond, remaining silent for short periods of time and having to be rescued by his advisors. The only policy issue for his campaign that the reporters were able to pry out of him is that he will look into problems that local residents have with land issues.

Gentle nature

Despite his awkwardness in responding to questions, Zulkefli's firm handshake and friendly appearance are very much in his favour. As an indication of his paternal nature, his first thought was for election workers, volunteers and the media when asked to comment on the by-election.

He advised everyone to be mindful of their health and to get sufficient rest during the campaign. But good nature alone may not be enough for success for an assemblyperson who will be expected to clearly express the needs of constituents and to push for funds for development. Such aggressiveness and ability to articulate seem out of Zulkefli's reach at the moment, based on observations.

His visit to a Chinese temple last night showcased his somewhat reserved nature. Zulkefli greeted the voters with a smile, but failed to use the opportunity to ask for votes. It is obvious that his advisors have much to do, to boost his profile as a candidate before the ballots are cast on Nov 4.-Hazlan Zakaria

26 October 2010

The internationally-condemned sodomy trial against Anwar is in its final phase and all eyes are on a ‘missing’ medical report on the complainant Saiful Bukhari Azlan that was not tendered by the prosecution as evidence. Instead the prosecution had used a later-dated report that contained much lesser information into the medical history and background of the complainant.

“The way the court is bulldozing the case through, does it matter who is around to represent Anwar? The verdict already seems to be pre-decided and the proceeding just a formality,” PKR strategic director Tian Chua told Malaysia Chronicle.

Indeed, speculation is rife that Prime Minister Najib Razak is determined to throw his arch rival Anwar into jail at all costs to neutralize his growing political clout. There has also been talk that Najib would only dare to call for snap general elections after Anwar is behind bars.

Anwar, the 62-year-old PKR adviser, was accused of sodomizing Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, Kuala Lumpur, between 3.01pm and 4.30pm on June 26, 2008. He has denied the charges and accused Najib and his wife Rosmah Mansor of collaborating with Saiful to frame him and derail his political comeback.

Meanwhile,MP for Puchong Gobind Singh Deo had also protested against the shabby treatment meted out to Karpal, who is his father. “With YB Karpal. He is unwell. Just got up having been ill all night. Will be going to University Hospital for treatment now,” Gobind had said on Twitter.

“Judge says Anwar case must proceed tomorrow even if Counsel ill.. What has the Bar Council have to say about that?” Two hours later, Gobind informed that Karpal was now stable and recovering. But it is still unclear if he will be well enough to go to court on Wednesday.

“ Doctors need to run more tests. Hopefully he will be discharged and able to get back to work tomorrow,” said Gobind.

25 October 2010

Anwar Ibrahim's defence team has demanded a copy of a medical report written on June 28, 2008, when three Hospital Kuala Lumpur (HKL) doctors had examined sodomy complainant Mohd Saiful Bukhari Azlan. The document, which is being kept at the HKL, was prepared by the three doctors - Dr Mohd Razali Ibrahim, Dr Siew Sheue Feng and Dr Khairul Nizam Hassan - after they examined Saiful for three hours that night.

This report has not been tendered as evidence nor has a copy been handed to the defence. Instead, a full medical report dated July 13, 2008 was tendered. The existence of the June 28 report came to light when Razali, under cross-examination today, mentioned that it has a more detailed medical history of Saiful than written in the July 13 report. The July 13 report has only a two-line statement - that a 23-year-old Malay man had alleged being sodomised by a well-known public figure for the two previous months, and that the most recent incident had taken place in the afternoon of June 26.

Karpal complained that, if all documents had been provided to the defence as requested earlier, it would have helped the team, while the proceedings would not have been disrupted.

"I have to ask for this earlier report as my entire line of questioning will depend on what is produced," he said.

Solicitor-general II Mohd Yusof Zainal Abiden said the prosecution was not aware of any earlier report. The court then went into a short recess to enable Razali to produce the June 28 report.

'Police officer was present'

Earlier, Karpal had reminded Razali several times the a witness under oath is required to tell the whole truth. Razali, who is a general surgeon, testified that he had attended to sodomy cases twice previously, but that this is the first time he is testifying in court. He said the doctor in attendance, along with Dr Khairul Nizam, had briefed the team about Saiful's medical history.

At one point, Razali said investigating officer DSP Jude Pereira had also briefed them and that he had been present all the time that Saiful was being examined. Yusof interjected several times to object to the manner in which Karpal questioned the witness, prompting a noisy response from the public gallery. Justice Mohamad Zabidin Mohd Diah reminded the public to keep quiet during the proceedings. - Hafiz Yatim.

I welcome the speeches that the Umno President gave in the recently concluded 2011 Umno General Assembly, indicating his decision to set his party’s direction towards the centre of the political spectrum. I hope that the Umno members are similarly committed to become progressive Malays. It would appear that imitation is the best form of flattery as Umno has decided to follow in the political path and direction of Parti Keadilan Rakyat.

However, this proposed move to the centre made at the opening speech was later contradicted in the closing speech, when the Prime Minister reaffirmed the continuation of the selective Malay Agenda for the few with the conveniently belated announcement of the formation of an Umno Supreme Council Committee on the Bumiputera Agenda. As a reminder, I had earlier proposed the setting up of a Bipartisan Parliamentary Caucus on the Bumiputera Policy that will review and report to the people on the entire Bumiputera Policy related agencies performance, and the full list of beneficiaries. I shall pursue this in the coming Parliament session as I believe not only Umno, but the rakyat must be informed of the outcome of this policy to date.

For example, the Malays would like to know who received the RM53 billion in NEP shares and why only RM2 billion remained in Malay hands today?Who are the selected Malays that are receiving the bulk of government contracts, commissions, projects, toll and utility concessionaires? Are they the same people? Why can’t all PTPTN student loans be converted to scholarships financed by my proposed 30 per cent Petronas annual profit contribution and a Bumiputera Equity Redistribution Plan called ‘Quota-in a-Quota’ that will be sold at par-value to a National Education Fund? Are Petronas profits meant to benefit the already rich Malays? Who are they?

Now getting back to the Prime Minister’s speech, nonetheless, the words on key statements made in his speech must be supported with actions or deeds, lest it be seen as being a mere exercise in political expediency and rhetoric. This would just be deceptive propaganda to fool the rakyat again. The Prime Minister’s speech was filled with poetry, the normal party battle-cries, the usual fear-mongering, and the most significant was a political confession that the Malay Rights was enshrined with a key held by the Malay Rulers. This would mean that the Malay Rights are protected even if Pakatan Rakyat becomes the government of the day.

However, in an attempt to regain Umno’s lost political legitimacy by this admission, the Prime Minister, who might have realized what he had done in his opening speech had to reaffirm the party members in his closing speech that Umno is the sole protector of the Malays. The Prime Minister had stated that he and the Umno leaders would go to the ground. We in the Pakatan Rakyat shall follow in pursuit and declare to the rakyat, especially the Malays, that the ‘special key’ mentioned by the Prime Minister has finally opened the door to the politics of hope and liberation and shut the door of the politics of fear and intimidation. This will become the true contest for the mind and soul of the Malays.

In his speech, the Prime Minister also made references to two of the Malay cultural iconic characters — the warrior Hang Tuah and the delusional Mat Jenin. The Prime Minister had used Hang Tuah’s quotation, ‘Malays will not disappear from the face of the earth (tidak hilang Melayu didunia.)’. I believe Hang Tuah symbolises the noble virtues of courage, and fair play, which resonates with the Wanita Chief’s call for Malay nobility (Kemuliaan Melayu). Laksamana Hang Tuah would never fight dirty (pukul curi) with his opponents. While the Parliament is still in session, I call upon the Prime Minister to turn his speech into action within 30 days.

The Prime Minister had said “The Malay Rights are tightly locked with a key and enshrined in the Constitution”. Therefore in Parliament, the Prime Minister must repeal all anti-democratic laws such as the ISA, AUKU, and the PPPA, which is no longer needed to protect those rights. Doesn’t Umno trust in the Malay Ruler’s wisdom and judgment to hold the key for all Malaysians? The Prime Minister had said, “The Malays can compete with the best”. Therefore in Parliament, the Prime Minister must guarantee to take measures so that there will be free and fair elections. Wouldn’t this be following Laksamana Hang Tuah. who like a noble Malay warrior choose to fight fairly on a level playing field? And, The Prime Minister had said, “In this modern era, the Malays will have to face competition of the minds.” Therefore in Parliament, the Prime Minister must ensure the freedom of the press to create an informed society. Wouldn’t this nurture the people’s mind and soul to face the modern era?

Let these three benchmarks be a test of Umno’s legitimacy and whether the Umno President has the moral leadership that he had expounded in his speech, and the courage and fair play of Hang Tuah, or would he choose to follow in the delusional steps of a Mat Jenin, who by the way according to legend fell off the proverbial coconut tree when he extended his arms to illustrate how big a palace (maybe which was renovated at a cost of RM65 million) he dreamed of living in with his imaginary beautiful princess. In that case, Umno can keep Putrajaya and let the rakyat have the rest of the nation. Enough is enough! -Nurul Izzah MP Lembah Pantai.

Kelantan BN chief Mustapha Mohamad today gave his assurance that government officers and NGOs will be helping the coalition win the upcoming Galas state by-election.

“The entire BN machinery will be mobilised - we have the party, we have the youth and we have the women's wings. We also have government officers, and we have NGOs.” “They will be utilised to help ensure that we win Galas,” said Mustapha.

He said this when giving his address during the ceremony to announce the BN candidate for the state seat at the coalition's operations centre in Bukit Cekati today. Deputy Prime Minister Muhyiddin Yassin declared Gua Musang Umno division secretary and Southern Kelantan Development Board office manager Abdul Aziz Yusof as Umno's candidate for the Nov 4 by-election.

Speaking after Mustapa, Galas elections director and Gua Musang Umno chief Tengku Razaleigh Hamzah said the people of Galas must ensure that BN wins in order to repay the coalition's efforts in bringing into the constituency much-needed development.

Razaleigh was referring to the award of RM180 million and government land to build the People's Housing Project (PPR) in Taman Manis near Gua Musang announced by Muhyiddin this morning.

“BN does not come empty-handed - they come bearing gifts of land," said Ku Li.

"We (people of Galas) are treated in a special way - we were given land, (so) we must repay them as they are special as well," urged the former finance minister.

He said that because of BN's gifts, Galas must return the favour by giving the coalition a win in Galas.

Mustapa had earlier said BN will refrain from promising "instant" projects during the campaign for the Galas.

source:malaysiakini

Mustafa said,“The entire BN machinery will be mobilised - we have the party, we have the youth and we have the women's wings. We also have government officers, and we have NGOs.”

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